The Veteran's claim for SMC based on loss of use of both legs is being remanded due to inadequate VCAA notice and the need for a VA examination.
The deciding factor: The claim must be remanded as there was inadequate notification regarding the specific criteria for SMC based on anatomical loss or loss of use of both legs, and further evaluation by a VA examiner is needed to determine if the Veteran's service-connected conditions result in such loss.
- Claimed conditions
- left knee degenerative joint disease, right knee failed total knee replacement with arthrodesis, osteoarthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2010
- Citation
- 1019906
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1019906.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examination to assess the severity of his left knee disability, including without considering the ameliorative effects of medication.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including sinusitis, right and left upper extremity radiculopathy, sleep disturbances, a right knee disability, osteoarthritis of the lumbar spine, allergic rhinitis, and patellofemoral syndrome with degenerative arthritis in the left knee. The Board found that there was insufficient evidence to support these claims.
- Denied
The Veteran's left knee disability was not shown to be related to service or any service-connected conditions, and the Board denied his claim for service connection.
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